[BC] RE: NPR violation of 73.1206?

[Kevin/Tieline Technology]

By the way what I mentioned below is assuming a recording to be aired
later which is what it sounded like in the NPR case.  One must always
get permission off the air before placing that person on the air.
Period.  No question about it.

Kevin Webb



-----Original Message-----
From: Kevin/Tieline Technology [mailto:kevin at tieline.com] 
Sent: Wednesday, November 23, 2005 6:34 PM
To: 'broadcast at radiolists.net'
Subject: RE: NPR violation of 73.1206? 

> This morning's Morning Edition on NPR had a story about getting
through
> telephone menu trees quickly. They gave a demo on the air where it
> appeared they made a call, worked their way through a menu, then told
the
> person who answered they were being recorded for broadcast and asked
if
> that was ok.

Actually there may be two issues here and one may have to do with the
state's law where the conversation was recorded.  #1 is whether they can
record a person in the first place and #2 the notification of being
recorded for later airing.

Regarding Issue #1: I'm not a lawyer but I have been told be several
lawyers in Indiana that it *is* legal in Indiana to record a phone
conversation.  The law states as long as one member of the party agrees
to the recording then it is legal.  Since I would be one member of that
party and I agree then I can record the conversation legally. 

Issue #2 is tricky.  Setting Issue #1 aside, if the person on the other
end objected to being recorded then they could "stop tape" and maybe
rewind and record over it.  Technically one should ask first *before*
"rolling tape", get permission and *then* start the recording.  Then
again if the person objects to being recorded and the person doing the
recording erases that recording who's to say it happened?  But the
correct and legal right way is to ask first before recording.

OK I just realized I referred to "tape" and rewinding, etc.  I guess I'm
showing my age.  So substitute "recording device" for tape.


Kevin Webb